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Sarbajit's Industry Objections (Part-1)
Objections of Mr. SarbaJit Roy r/o X-XXX XXXXXXX XXX. Sector-XXX, Dwarka New Delhi-110075, Tel: XXXXXXXX, to MPD-2021 Draft Chapter on INDUSTRY.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
7.0 INDUSTRY As per Economic Survey of Delhi 2001-2002, there were about 1,29,000 industrial units in Delhi in 1998 against 85,050 units in 1991. A door-to-door industrial survey revealed that an average unit employed 9 workers while 30% of the units employed 4 workers or less. The survey also revealed that textiles products (garments) units constitute the largest number, followed by repair services and electrical machinery.
SUMMARY OF GROUNDS: I say that this impugned text suffers from a bad scientific foundation as the data and assumptions upon which it is based are shaky and from dubious sources.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
The issue of industries in Delhi has been a subject of extensive debate, controversy and concern over the past decade. This has centred mainly on the aspects of pollution and negative environmental impact of industries, the existence and continued growth of industries in non conforming areas and the issue of classification and permissibility with reference to household industries. Serious concern has been expressed regarding the continued existence and further proliferation of industries in contravention of the provisions made in MPD - 2001.
SUMMARY OF GROUNDS: Certainly, there is no objection to industries running lawfully, but poorly drafted and random text such as I have impugned, must not find its way into MPD-2021. Little attention has been paid to the issue of diversion of scarce physical / natural resources and utilities which are being diverted to industries at cost of residents of Delhi. There is no data or basis for inclusion of this text in MPD-2021.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
7.1 STRATEGY Keeping in view the position brought out above as also in the context of the continuing pressure of population growth in Delhi, the following broad policy would be required for the industrial sector: i) To promote hi-tech and low volume - high value added industries, which are not labour intensive. ii) To encourage modernization and technological upgradation of existing industries required for day-to-day needs of the people of the city. iii) To take corrective measures with regard to industries in non-conforming industrial areas in terms of environmental and other norms as may be prescribed. iv) To provide suitable incentives and disincentives, and other measures, for shifting and relocation of industrial units not conforming to the land use norms. v) To review, and possibly widen, the scope of permissibility of household industrial units subject to adherence to pollution control norms and environmental considerations, fire safety regulations and other relevant factors, particularly the aspect of infrastructure services. vi) Adhoc licensing of industrial units to be discontinued. vii) To take specific measures to encourage the dispersal of existing industries / development of new industries in the NCR and limiting the growth of new industries within the NCT of Delhi.
SUMMARY OF GROUNDS: I object that the impugned text makes a mockery of the planned development of Delhi, and is against the letter and spirit of the DDA Act. Delhi Development Act requires a holistic survey basis for Plan preparation and the statutory Plan requires a holistic monitoring basis for Plan modification. The Draft MPD-2021 admits that there is no holistic monitoring institution /mechanism in place. Furthermore there is nothing in the Draft MPD-2021 to show that inclusion of this particular and specific impugned text has been done after complete and due procedures have been followed. Powers to modify the Plan cannot be misused in this casual fashion.I again say that there is no place for such arbitrary and discretionary clauses in MPD-2021, and hence this text needs to be reconsidered or deleted. Furthermore, there are already substantive provisions in other laws of India concerning such matters, and hence there is no need for MPD-2021 to deprive and restrict the residents of Delhi from the better protections of those laws. The objective of this text is evidently to allow industries to continue to operate in Delhi, in violation of Fundamental Rights of citizens and in the face of Supreme Court Judgements concerning this which are being sought to be bypassed.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
vi) Adhoc licensing of industrial units to be discontinued.
SUMMARY OF GROUNDS: This objectionable text is well covered by other laws of India, and will lead to confusion and overlapping. Hence I say this text needs redrafting or deletion. The inclusion of this kind of specific text is well outside the mandate of Master Plan, which is a broad policy framework. The inclusion of specific text of this nature into the MPD-2021 leads cause suspicion that vested interests still hold sway over DDA. How is this text concerned with "development"?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
vii) To take specific measures to encourage the dispersal of existing industries / development of new industries in the NCR and limiting the growth of new industries within the NCT of Delhi.
SUMMARY OF GROUNDS: This text is another instance of how DDA's failed past policies are being sought to be covered up and regularised through back door. This is objectionable and hence this text needs to deleted from the MPD-2021. I may inform you that my objections and suggestions to the NCR Regional Plan 2021 already cover this, so why is there duplication between NCRPlan and MPD-2021?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
7.2 CLASSIFICATION OF INDUSTRIES The industrial classification is proposed to be simplified with prohibited category and non-prohibited category subject to proposals regarding specific category of industries permitted in different use zones. Further, all planned industrial areas are designated under a single landuse category namely "Industry". The standards prescribed by the pollution control authorities would have to be met by all industrial units, in addition to specific conditions in terms of number of workers and power load in specific categories.
SUMMARY OF GROUNDS: This objectionable text is well covered by other laws of India, and will lead to confusion and overlapping. Hence I say this text needs redrafting or deletion.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
Industries listed under prohibited category (Annexure 7.1) shall not be permitted in Delhi. The existing industrial units under prohibited category need to shift to conforming areas or to relocate themselves outside Delhi within a period of three years.
SUMMARY OF GROUNDS: The text I have impugned above is clearly designed for political reasons alone, and as such is absolutely against the Constitution and also letter and spirit of the laws of India (passed by Parliament) concerning the planned development of Delhi. Not only is this text contrary to DDA's statutory mandate, but this text seeks to subvert and obfuscate or dilute the better Master Plan provisions already in place. This is regressive and highly objectionable. There is no place for such arbitrary and discriminatory text in MPD-2021 which perpetuates inequities and imbalances in industrial faciities for vast sections of society.Furthermore, this kind of specific text encourages and perpetuates irregular activities beyond infrastructure carrying capacity of Delhi. I say that all the attempts to cover up the past failures of DDA / MoUD for planned development of Delhi by inclusion of such malafide and disastrous text as the text I have impugned, will not work. What is required instead is a new and comprehensive and balanced approach to planned development for Delhi, which corrupt, incompetent and fossilised bodies like DDA cannot concieve of, leave alone deliver upon. I must again submit that this impugned text needs to be completely deleted, or redrafted substantially so as to completely address my concerns. I may point out that when the Supremee Court has directed all non-conforming industries within Delhi to close down by October 2004, then why is DDA wilfully disobeying orders of this Hon'ble Court?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
7.3 PERMISSIBILITY OF INDUSTRIAL UNITS IN DIFFERENT USE ZONES AND USE PREMISES For the industrial classification, the limits of aforesaid parameters shall be fixed according to the nature of industries, area and the nature of industrial development. The threshold parameters for industrial units are given in table 7.1.
SUMMARY OF GROUNDS: This text is another instance of how DDA's failed past policies are being sought to be covered up and regularised through back door. This is objectionable and hence this text needs to deleted from the MPD-2021. I also object to the entire text contained Table No.1 as being false.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
i) Maximum No. of workers shall be as per notification issued by the competent authority from time to time.
SUMMARY OF GROUNDS: This objectionable text is well covered by other laws of India, and will lead to confusion and overlapping. Hence I say this text needs redrafting or deletion. Furthermore how is this connected to "Development" ?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
ii) The power requirement for operating pollution control devices & non manufacture use shall be over and above the aforesaid permissible load.
SUMMARY OF GROUNDS: Inclusion of specific text such as this concerning permissible electrical power loads and permitting industries to continue functioning within or near residential / non-conforming areas without heed to fundamental rights of lawful residents, is against mandate of DDA to prepare Master Plans. I say that the impugned text makes scant logical sense, and needs to be redrafted with considerable care and attention. There does not seem to have been application of mind in its drafting. I submit furthermore that although this text may appear to be routine, it has deep ramifications and the potential to vitiate the planned and orderly development of Delhi. Also, there is no lawful basis for inclusion of this text in Master Plan, since it represents a departure from DDA's mandate and is objectionble.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
7.4 HOUSEHOLD / SERVICE INDUSTRIES i) Household industrial units with maximum 5 workers and 5 kilowatt power may be allowed to continue in residential areas and new industrial units of this type could be permitted in residential areas subject to the condition that no polluting industrial unit shall be permitted as household industry. ii) The industrial units could be permitted only after registration by the Govt. of NCTD and clearance from the Pollution Control Authorities. iii) Household industrial units would be allowed to the extent of 25% of the floor space or 30 sqm. whichever is less. Further additions / alterations to the list of Household Industries
SUMMARY OF GROUNDS: It is very clear that a primary purpose of this impugned text is to allow Industries to illegally continue to operate within Delhi, despite Supreme Court orders and Constitutional provisions banning this. I say that the impugned text is most arbitrary and high-handed. That furthermore the impugned text has no basis in planning rationale. Any analysis of this text would immediately reveals its gross defects that would render the Master Plan itself meaningless. I again say that there is no place for such arbitrary and discretionary clauses in MPD-2021, and hence this text needs to be reconsidered. Furthermore, there are already substantive provisions in other laws of India concerning such matters, and hence there is no need for MPD-2021 to deprive and restrict the residents of Delhi from the better protections of those laws. I submit that this text needs to be redrafted to address my concerns especially concerning spatial planning aspects and preservation of fundamental rights of residents of Delhi. In addition I say that this impugned text suffers from a bad scientific foundation as the data and assumptions upon which it is based are shaky and from dubious sources. What is so sacrosant about "25%" and "30%" and how have these arbitrary figures been arrived at?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
CONDITIONS USE ZONE / USE PREMISES GROUPS PERMITTED (REFER ANNEXURE) MAX. NO. OF WORKERS MAX. INDUSTRIAL POWER LOAD (KW) Residential Use a) Residential A 5 5 b) Villages (Abadi) in Green Belt. A+A1 5 5
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory and deficient in it's basis for inclusion. Hence I say inclusion of such text is unConstitutional, and needs to be redrafted / deleted in accordance with Constitutional norms.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
Commercial Use a) Convenience Shopping Centre, Local Shopping Centre.5 6 b) Community Centre. 9 11 c) District Centre, d) Service Market, Service Centre.A+ A1 Service / repair / packaging / assembly (without manufacturing) of permissible industries. 19 11
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory and deficient in it's basis for inclusion. Hence I say inclusion of such text is unConstitutional, and needs to be redrafted / deleted in accordance with Constitutional norms. What is so special about repair / packaging / assembly units etc.? I object to any form of industrial activity taking place in Commercial Use areas.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
Industrial Use a) Plotted development All industries except those prohibited As per need
SUMMARY OF GROUNDS: This text is another instance of how DDA's failed past policies are being sought to be covered up and regularised through back door. This is objectionable text concerning Industrial Land Use and Plotted development and hence this text needs to deleted from the MPD-2021. As a resident of Dwarka Project, directly affected by this text, I object strongly to this clause. It is well known to DDA that there is tremendous pollution and discharge of toxic emissions and hazardous effluents being caused by industries located within Dwarka Project, such as at Bindapur, Indra Park Extn., Dabri, Matiyala, Kakrola, etc. which are affecting lawful residents of planned and developed sectors of DDA within Dwarka. The stringent existing MPD-2001 provisions and the Supreme Court order of 07-May-2005 having failed to stop these numerous toxic industries (especially clay, plastic and scrap processing units) within Dwarka from operating, it would be most apalling if lawful residents of Dwarka are deprived from enjoying their basic fundamental rights. As is well known this state of affairs is because it is admitted fact that DDA has miserably failed to notify the zonal development plans for the Urban Extension Areas, and that successive corrupt planners of DDA have wilfully disobeyed and perjured themselves to the Supreme Court. Any indirect attempts in MPD-2021 to allow polluting industries to operate by affecting residential areas - such as in-situ regularisation - must be deleted from the MPD-2021.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
b) Flatted Industries All industries except those prohibited. Non polluting & excluding industries producing noise/ water/ vibrations/ odour pollution 20 As per need
SUMMARY OF GROUNDS: This objectionable text is well covered by other laws of India, and will lead to confusion and overlapping. Hence I say this text needs redrafting or deletion. Who is going to determine the "need" for industries. This is another example of arbitraryness and discretion being introduced into Plan.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
Table 7.1: Parameters for Industrial Units in Different Use Zones & Use Premises could be made if considered appropriate and in public interest by the Central Government to do so. iv) No inflammable or hazardous material is permitted to be stored. v) To set up a household industry, separate industrial electric connection (single phase), would be necessary. So would be the Municipal license.List of Household / Service Sector activities is given in Annexure 7.1
SUMMARY OF GROUNDS: This objectionable text is well covered by other laws of India, and will lead to confusion and overlapping. Hence I say this text needs redrafting or deletion. I object entirely to the Annexure 7.1 also since it is false.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
7.5 NO INDUSTRIAL ACTIVITY ZONE In order to maintain the city's ambience and pollution free environment in important and historic areas of Delhi, following locations are categorized as 'No Industrial Activity Zone' where no industrial activity including household industry, shall be permitted. a) Lutyen's Bungalow Zone b) Civil Lines Bungalow Area c) Employer Housing d) Group Housing
SUMMARY OF GROUNDS: The impugned text is arbitrary, discriminatory and deficient in it's basis for inclusion. Hence I say inclusion of such text is unConstitutional, and needs to be redrafted / deleted in accordance with Constitutional norms. What is so unique about these areas like Lutyen's Bungalow Zone etc. I have already objected to all this and much more to the Ministry of Urban Development's Public Notice concerning Industruies, and 70% insitu regularisation, to which no heed has been paid.
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
7.6 INDUSTRIAL AREA REDEVELOPMENT SCHEMES The redevelopment schemes cover the following aspects; i) Modernization and upgradation of existing planned industrial areas; and, ii) Redevelopment of areas which have become industrialized over the period ofthe two Master Plans even though not designated as such.
SUMMARY OF GROUNDS: This text is another instance of how DDA's failed past policies are being sought to be covered up and regularised through back door. This is objectionable and hence this text needs to deleted from the MPD-2021. Why are illegal indutrial areas which have sprouted up in viiolation of Master Plan being allowed to continue. Who are the corrupt officers of DDA and MoUD who benefit from Industry in Delhi?
I object to the inclusion of the following text in the Master Plan for Delhi 2021:-
7.6.1 EXISTING PLANNED INDUSTRIAL AREAS These industrialized areas were developed in the 70's and, over the years, have deteriorated considerably in terms of physical infrastructure and, in some cases deficiencies on this score have persisted in an overall sense. Besides, there have been changes in the nature of activities in some of the areas and there have also been demands for using part of the plots for activities which could be classified as commercial. There may also be a need to see whether further densification is possible in terms of creating smaller plots by sub-divisions to accommodate a larger number of industries / units. There is, therefore, a need for Modernization and Upgradation of the existing industrial areas with due regard to environmental considerations. Since most of the Industrial areas are located along the Mass Public Transport Corridors, there is also a need for optimizing the use around these areas through the process of redevelopment. This process of upgradation and redevelopment will need to be carried out in a planned manner, and in a public-private partnership framework, in which the entrepreneurs contribute to the betterment and subsequent maintenance through suitable Operation and Maintenance arrangements.
SUMMARY OF GROUNDS: I fail to understand how has this text can be included in any legislation of India. It is poorly drafted, ambiguous, and is open to misuse. This impugned text while adversely affecting other Plan provisions, is also violative of numerous Judgements of the Hon'ble Supreme Court of India, and will jeopardise the proper planned development of Delhi, whilst legitimising all kinds of illegal and irregular industrial activities. Once again I must question how text such as this keeps finding its way into Plan documents. Are there any special interests being served by inclusion of such anti-public text? I must say YES! Is the inclusion of this specific impugned text as per mandate of DDA as per section 7 of DDA ACT? I must say NO - for I find no supporting basis for inclusion of this obnoxious text in the DDA ACT which permits this.Surely this text is against the proper development of Delhi, and I oppose the inclusion of this text, and all such similarly objectionable text into MPD-2021, which this chapter of Draft MPD-2021 is littered with. There is no place in MPD-2021 for such text by which DDA continues to misuse its monopoly over land in Delhi. Furthermore why should land along MRTS be corrupted by Industry? Why are you encouraging further industrial slums by "further densification"?
posted by Superfly at 10:16 AM
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